Rules Roundup: Display of Listing Broker’s Offer of Compensation (Mar 2023)

Rules Roundup: Display of Listing Broker’s Offer of Compensation (Mar 2023)

The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 34 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

HIGHLIGHTS

We have received a number of inquiries regarding a specific NAR Model rule that was adopted this year.

Rules and Regulations 6.6: Display of Listing Broker’s Offer of Compensation. Participants and subscribers who share the listing broker’s offer of compensation for an active listing must display the following disclaimer or something similar.

  “The listing broker’s offer of compensation is made only to participants of the MLS where the listing is filed.”

This disclaimer does not need to be displayed when entering a listing in RMLSweb. This disclaimer only needs to be used in situations where the listing and the Broker’s Offer of Compensation is being shared publicly by you. That would include on a website, email blast, in your office, social media or any public forum where someone other than RMLS subscribers may see it.

This disclaimer aids in circumstances where a REALTOR who isn’t an RMLS subscriber brings a buyer for a property and the cooperative fee agreement does not apply. A compensation agreement must be implemented for these transactions.

The following forms are useful in this circumstance:

  • WA Forms 41 Buyers Agency & 41C Buyer Brokerages Firm’s Compensation Addendum
  • OR REALTOR Forms – 9.1 to 9.8 Agency & Fee Agreements – whichever is applicable.
  • OREF Forms – 050 Buyers Representation Agreement, 090 Buyers Broker Compensation.

This information is intended to direct you to the proper forms for use when you intend to write and offer on listings outside the RMLS and its cooperative fee agreements – contact your principal broker to advise you on what is appropriate for your individual firm and the situation.

FORMAL VIOLATIONS

The RMLS Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS Rules and Regulations. The committee has the power to impose sanctions.

The committee did not review any cases in March of 2023.

INFORMAL VIOLATIONS

Listings missing Tax ID information are typically the top informal violation within RMLSweb. Recently this rule has been edited to exclude Proposed and Under Construction property types. Because of this, there was a drop in the number of violations and now we are seeing Personal Promotion as the top violation for both February and March 2023.

    The chart below shows the next three most frequent informal violations from March 2023. 

    This pie chart shows the remainder of the informal violations last month.

    Data Accuracy Department Statistics 

    • Listings Reviewed: 21,349 (+5,403)
    • Notices Sent: 2,063 (+509)
    • Violation Notices Received: 411 (+101)
    • Courtesy Notices Sent: 1127 (+416)
    • Phone Calls Received: 479 (+152)

    How to Report Violations

    Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.

    Rules Roundup: Display of Listing Broker’s Offer of Compensation (Mar 2023)

    Rules Roundup: Violation Changes (Nov 2022)

    The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 34 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

    HIGHLIGHTS

    Our listing checker and violation software have received technological upgrades as part of our data feed move to a RESO-compliant Web API. As a result, a few changes have been made to the system and settings.

    Missing Tax ID Violations: This type of violation will now exclude “proposed” and “Under Construction” property conditions, meaning that these property conditions will no longer receive a Missing Tax ID violation unnecessarily. This will also cause the stats for that violation to decrease significantly, as reflected in the November statistical data.

    Artificial Intelligence: We’ve recently incorporated Restb.ai, which uses artificial intelligence to evaluate the metadata in property photos, into our process to check all uploaded photos for violations. This will add new statistical data on violations and greatly improve our reach and accuracy regarding photo violations.

    The software is set up to look for violations regarding the first photo, personal promotion, people, unauthorized text, and unauthorized watermarks. This data will begin to be reflected in the December statistics.

      FORMAL VIOLATIONS

      The RMLS Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS Rules and Regulations. The committee has the power to impose sanctions.

      There were two formal violation cases in November. Both cases concerned the unauthorized use of a lockbox (rule 3.22 from the RMLS Rules and Regulations), with one case resulting in a fine of $250 and other resulting in a $500 fine with a mandatory SentriLock rules class.

      INFORMAL VIOLATIONS

      Listings missing Tax ID information are consistently the top informal violation within RMLSweb. Sometimes the missing tax information is due to an error of omission. Other times, it may be because the listing is a new construction property that does not yet have a tax ID number available. Data Accuracy sends courtesy notices out to remind agents of the need to provide the tax information (when available).

      The chart below shows the next three most frequent informal violations from November 2022.

      This pie chart shows the remainder of the informal violations last month.

      Data Accuracy Department Statistics 

      • Listings Reviewed: 9,969
      • Notices Sent: 1,853
      • Violation Notices Received: 280
      • Courtesy Notices Sent: 1,327
      • Phone Calls Received: 380

      How to Report Violations

      Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.

      Rules Roundup: Display of Listing Broker’s Offer of Compensation (Mar 2023)

      Rules Roundup for October 2022

      The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 34 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

      HIGHLIGHTS

      The holidays are upon us and the end of the year looms. Looking back at the formal violations the committee has addressed so far this year, it is interesting to note that they were all regarding misuse of a lockbox.

      This is one of the most serious violations and carries a maximum fine of up to $15,000, as well as potential expulsion from RMLS. It’s critical to remember to only access a lockbox in accordance with showing instructions and that only a lockbox owner may grant access codes.

      Useful Documents:

        FORMAL VIOLATIONS

        The RMLS Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS Rules and Regulations. The committee has the power to impose sanctions.

        The committee did not review any cases in October of 2022.

        INFORMAL VIOLATIONS

        Listings missing Tax ID information are consistently the top informal violation within RMLSweb. Sometimes the missing tax information is due to an error of omission. Other times, it may be because the listing is a new construction property that does not yet have a tax ID number available. Data Accuracy sends courtesy notices out to remind agents of the need to provide the tax information (when available).

        The chart below shows the next three most frequent informal violations from October 2022.

        This pie chart shows the remainder of the informal violations last month.

        Data Accuracy Department Statistics 

        • Listings Reviewed: 15,383
        • Notices Sent: 2,880
        • Violation Notices Received: 299
        • Courtesy Notices Sent: 2,302
        • Phone Calls Received: 389

        How to Report Violations

        Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.

        Rules Roundup for March 2022

        Rules Roundup for March 2022

        The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 34 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy whether those are submitted via the “Report Issue” button on a listing, through email, or by phone. When there are increases in specific violation types, we often place notifications on RMLSweb in order to alert subscribers so that they can avoid violations.

        MARCH HIGHLIGHTS

        As more houses begin to be put on the market it is important to keep in mind the rules regarding lockbox access and showings. Violating the lockbox and showing rules can have serious consequences which may include fines or even suspension from RMLS.

        Rule 7.1 reads as follows:

        The appointment for showing of listed property shall be arranged as indicated in the RMLS Listing Data Input Form.

        a. A Cooperating Broker or Appraiser may use the lockbox access device to enter a listing whose status is Active, Bumpable or Short Sale Pending, only in accordance with the instructions on the RMLS Listing Data Input Form or in accordance with the express instructions of the Listing Broker or Owner.
        b. A Cooperating Broker or Appraiser may use the lockbox access device to enter a listing whose status is other than Active, Bumpable or Short Sale Pending, only with the express permission of the Listing Broker or Owner.
        c. A Listing Broker, Cooperating Broker or Appraiser may not use the lockbox access device to enter a listing whose status is Coming Soon-No Showing.
        d. A property in Coming Soon-No Showing status cannot be shown.
        e. If the Listing Broker’s representative is to accompany a Cooperating Broker on the showing of a listing, that requirement must be included in the RMLS Listing Data Input Form and the Listing Broker must have a representative available to accompany the showing at the convenience of the Owner and customer.
        f. No Participant or Subscriber may require from a Cooperating Broker a prospective Purchaser’s address or telephone number.

        Some tips to keep in mind:

        • Always follow the showing instructions and check the status of a listing prior to opening the lockbox, even if you checked before you left the office. It is better to take the extra step than to accidentally enter a pending listing.
        • Do not let your buyer have access to the listing before the agreed upon transfer of possession date. The seller is still the owner of the property until that time – your buyer may be excited to see the property, but until the transfer you should make an appointment with the Seller’s Agent to view the property. Utilizing the tools available and keeping the rule in mind will help to keep all parties safe and happy.
        • Prior to scheduling a showing, it’s important to double-check the listing for any special showing accommodation requests or notes from the seller(s) and/or Seller’s Agent.

        If you have any questions or need any assistance, please reach out to Data Accuracy by emailing dataaccuracy@rmls.com or by phone at 503.395.1916.      

        FORMAL VIOLATIONS

        The RMLS Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS Rules and Regulations. The committee has the power to impose sanctions.

        The committee did not review any cases in March 2022.

        INFORMAL VIOLATIONS & COURTESY NOTICES

        In March 2022, the RMLS Data Accuracy staff reviewed 23,291 listings in addition to the 381 notices sent through the “Report Issue” button on RMLSweb. Of the items reviewed, 1,069 violation notices and 1,050 courtesy notices were sent out. In addition, our team handled 373 phone calls.

        Category March
        Missing Tax ID 439
        Personal Promotion 145
        Incorrect or Missing Information 131
        Missing School 121
        No Showings 82
        Duplicate Listing 57
        Incorrect Status 54
        Incorrect First Photo 42
        Missing Owner Name 36
        Incorrect Property Type 36
        Conditions to Compensation 29
        Address Issues 23
        Property Condition 20
        Is Property a Condo 17
        Listing Input in Incorrect MLS area 17
        Missing Condo Unit Number 10
        Inaccurate Lot Size 9
        Partial Bathrooms 5+ 6
        City Unknown 3
        Duplicate Listing Sold in Different Categories 3
        HUD 1

        The following are the courtesy notifications sent to RMLS subscribers in March 2022:

        Category March
        Listing is Set to Expire 445
        Multiple Owner Names in First Field 254
        Listing Still Pending 200
        Listing Status Changed from PEN to SLD >24 Hours 88
        New Listing Input Over 24 Hours 51
        Listing Status Change > 24 Hours 2

        Questions about RMLS Rules and Regulations or the accuracy of specific listings can be directed to the RMLS Data Accuracy department at dataaccuracy@rmls.com or 503.395.1916.

        Rules Roundup for March 2022

        Rules Roundup for January 2022

        The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 34 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy whether those are submitted via the “Report Issue” button on a listing, through email, or by phone. When there are increases in specific violation types, we often place notifications on RMLSweb in order to alert subscribers so that they can avoid violations.

         

        JANUARY HIGHLIGHTS

        As the weather warms up and more houses begin to be put on the market it is important to keep in mind the rules regarding lockbox access and showings. Violating the lockbox and showing rules can have serious consequences which may include fines or even suspension from RMLS.

        Rule 7.1 reads as follows:

        The appointment for showing of listed property shall be arranged as indicated in the RMLS Listing Data Input Form.

        a. A Cooperating Broker or Appraiser may use the lockbox access device to enter a listing whose status is Active, Bumpable or Short Sale Pending, only in accordance with the instructions on the RMLS Listing Data Input Form or in accordance with the express instructions of the Listing Broker or Owner.
        b. A Cooperating Broker or Appraiser may use the lockbox access device to enter a listing whose status is other than Active, Bumpable or Short Sale Pending, only with the express permission of the Listing Broker or Owner.
        c. A Listing Broker, Cooperating Broker or Appraiser may not use the lockbox access device to enter a listing whose status is Coming Soon-No Showing.
        d. A property in Coming Soon-No Showing status cannot be shown.
        e. If the Listing Broker’s representative is to accompany a Cooperating Broker on the showing of a listing, that requirement must be included in the RMLS Listing Data Input Form and the Listing Broker must have a representative available to accompany the showing at the convenience of the Owner and customer.
        f. No Participant or Subscriber may require from a Cooperating Broker a prospective Purchaser’s address or telephone number.

        Some tips to keep in mind:

        • Always follow the showing instructions and check the status of a listing prior to opening the lockbox, even if you checked before you left the office. It is better to take the extra step than to accidentally enter a pending listing.
        • Do not let your buyer have access to the listing before the agreed upon transfer of possession date. The seller is still the owner of the property until that time – your buyer may be excited to see the property, but until the transfer you should make an appointment with the Seller’s Agent to view the property. Utilizing the tools available and keeping the rule in mind will help to keep all parties safe and happy.
        • Prior to scheduling a showing, it’s important to double-check the listing for any special showing accommodation requests or notes from the seller(s) and/or Seller’s Agent.

        FORMAL VIOLATIONS

        The RMLS Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS Rules and Regulations. The committee has the power to impose sanctions.

        The committee did not review any cases in January 2022.

        INFORMAL VIOLATIONS & COURTESY NOTICES

        In January 2022, the RMLS Data Accuracy staff reviewed 23,291 listings in addition to the 381 notices sent through the “Report Issue” button on RMLSweb. Of the items reviewed, 1,069 violation notices and 1,050 courtesy notices were sent out. In addition, our team handled 373 phone calls.

        Category January
        Missing Tax ID 388
        Incorrect or Missing Information 113
        Missing School 84
        Personal Promotion 80
        Missing Owner Name 77
        Duplicate Listing 71
        No Showings 65
        Incorrect Status 41
        Property Condition 33
        Incorrect First Photo 28
        Incorrect Property Type 22
        Conditions to Compensation 18
        Is Property a Condo 14
        Listing Input in Incorrect MLS area 9
        Missing Condo Unit Number 8
        Duplicate Listing Sold in Different Categories 7
        HUD 6
        Partial Bathrooms 5+ 1
        Address Issues 1
        Inaccurate Lot Size 1
        City Unknown 1
        Missing Photograph Omission Form 1

        The following are the courtesy notifications sent to RMLS subscribers in January 2022:

        Category January
        Listing is Set to Expire 546
        Listing Still Pending 332
        Multiple Owner Names in First Field 144
        New Listing Input Over 24 Hours 28

        Questions about RMLS Rules and Regulations or the accuracy of specific listings can be directed to the RMLS Data Accuracy department at dataaccuracy@rmls.com or 503.395.1916.